PTAB Garmin Decision May Signal Shift In 'Teaching Away'
February 4, 2014, 6:01 PM EST
Law360, New York (February 4, 2014, 6:01 PM EST) -- Inter partes review is one of three new examination procedures for granted patents at the U.S. Patent and Trademark Office. The procedure, which was created by Congress and replaces inter partes re-examination, provides an alternative to lengthy and expensive district court litigation. Except in limited circumstances, the review must be completed within 12 months from the date that the newly formed Patent Trial and Appeal Board accepts the case.
A different standard of proof is applied in inter partes review than in district court litigation, possibly...